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History of the Court in Avadh from 1856 A. D. up to Present Time Compiled by SRI H

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History of the Court in Avadh from 1856 A. D. up to Present Time Compiled by SRI H History of the Court in Avadh from 1856 A. D. up to Present Time Compiled by SRI H. K. GHOSE, Bar-at-Law President, Avadh Bar Association, Lucknow BRIEF HISTORY OF OUDH Oudh was annexed to the territories of the British East India Company by Lord Dalhousie, Governor General in 1856; and twelve districts: Lucknow, Bara Banki, Faizabad, Sultanpur, Hardoi, Rae Bareli, Pratapgarh, Unnao, Gonda, Bahraich, Sitapur and Kheri were constituted into a separate Province of Oudh, under a Chief Commissioner. After some time the Civil Administration of Avadh was united under one Local Government with the districts administered by the Lt. -Governor of the NorthWestern Provinces; and the territories thus united became known as the North-Western Provinces and Oudh. Subsequently, by Act VII of 1902 passed by the Governor-General-in-Council [United Provinces (Designation) Act], the designation was changed into the United Provinces of Agra and Oudh. COURTS Ever since the said Annexation, there were separate courts to administer the laws in Oudh (Avadh) and the laws were codified by Act XVIII of 1876 (The Oudh Laws Act) passed by the Governor-General-in- Council. The Judiciary, including the highest court of appeal, was distinct from courts of the sister province of the North-Western Provinces and there were separate cadres of subordinate courts until the year 1948. JUDICIAL COMMISSIONER'S COURT After the Annexation, the highest court of appeal was established in Lucknow in 1856 with a Judicial Commissioner for the disposal of Civil and Criminal Cases. It continued to function for nearly 7 decades except for a short interregnum during the Mutiny of 1857-58. At first there was one Judicial Commissioner. At that unsettled time, Judicial Commissioner was not the highest court of appeal in rent and revenue cases. But there was a Financial Commissioner as the highest Court. By Act XXXII of 1871 the post of Financial Commissioner was abolished and his work was entrusted to Judicial Commissioner of Oudh (Vide S. 84). The cases in the Judicial Commissioner's Court continued to increase. In order to cope with the increasing volume of work, an Act (IV of 1885) was passed "to provide for temporary" appointment, from time to time, of an "Additional Judicial Commissioner". Subsequently, by Act XIV of 1891 (Oudh Courts Act), provision was made by Section 4 for the appointment of a permanent Additional Judicial Commissioner, equal in status but not in emoluments to the Judicial Commissioner, by the Local Government with the previous sanction of the Governor-General-in-Council. In 1897, another Act (XVI of 1897) [Oudh Courts (Amending) Act] was passed, making provision for the appointment of a 2nd Additional Judicial Commissioner. The salary of the Judicial Commissioner was RS. 3,500 per mensem and that of the Additional Judicial Commissioner, RS. 3,333 per mensem. In the Judicial Commissioner's Court all the Judges, from the beginning, were members of the Indian Civil Service, except Mr. R. T. Spankie, Sir Edward Chamier, Sir Mohammad Rafique, Sir Sunder Lal and Sir Wazjr Hasan and Pt. G. N. Misra, officiating for a short time, who were distinguished members of the Bar and Pt. Kanhaiya Lal who was a distinguished member of the Provincial Service and who later became a Judge of Allahabad High Court. CHIEF COURT OF OUDH This system of Judicial administration was found inadequate and antiquated. So, in order to meet the public demand, an Act, U. P. Act IV of 1925 (Oudh Courts Act) was passed in 1925 by the U. P. Legislature with the previous sanction of the Governor-General as required by sub-section (3) of Section 80-A of the Government of India Act, 1919 "to amend and consolidate the law relating to courts in Oudh". It abolished the earlier Oudh Courts Act, and established a Chief Court for Oudh, with 5 Judges: one Chief Judge and 4 puisne Judges. Out of 5 Judges two were members of Indian Civil Service, one a member of the Provincial Judicial Service and two were from the Bar: The Chief Court had original Civil Jurisdiction for trial of suits having valuation of 5 lakhs and over under Section 7 of the said Act. This was subsequently repealed by Act IX of 1939. There was another change in the Act by modification of Section 4 of the said Act by the Government of India (Adaptation of Indian Laws) Order, 1937, where under it was provided that "Chief Court shall consist of a Chief Judge and such other Judges as may be appointed under the Government of India Act, 1935'" Under this provision a sixth Judge was appointed in 1945 from the Bar, who functioned up to amalgamation' of the Chief Court with the Allahabad High Court, by the United Provinces High Court (Amalgamation) Order, 1948, made by the Governor-General under Section 229 of the Government of India Act, 1935, after presentation of an address by both chambers of U. P. Legislature to the Governor of U. P. which was submitted to the Governor-General. After amalgamation, the two separate courts became one Court, by the name of "the High Court of Judicature at Allahabad". It was provided by a proviso to para 14 of the Amalgamation Order that "such Judges of the new High Court, not less than 2 in number, as the Chief Justice may, from time to time, nominate, shall sit in Lucknow to dispose of cases arising in Oudh". At present there are seven Judges of the High 'Court stationed in Lucknow, with a Senior Judge to deal with administrative matters of the Lucknow Bench. The other Judges, including the Chief Justice, come to Lucknow for short periods from time to time and such permanent Judges of the Lucknow Bench go to Allahabad as and when nominated by the Chief Justice. Before amalgamation, the Chief Judge of the Chief Court was paid a salary of Rs. 4, 000, while puisne Judges, Rs. 3,500 each, per mensem. JUDGES FROM 1856-1925 (JUDICIAL COMMISSIONER'S COURT) The first Judicial Commissioner was Mr. M. C. Omanney. He died on 5th July, 1857 and was succeeded by Mr. G. Campbell (afterwards Sir George Campbell who later became Lt. -Governor of Bengal). He continued up to 1862. He was succeeded by Sir George Couper (who afterwards became Chief Commissioner of Avadh), who worked in 1862-63. The next Judicial Commissioner whose name is traceable from the records is Mr. W. C. Capper in 1870. Mr. Charles Currie, I.C.S., was Judicial Commissioner from 1870-1877. He was succeeded by Mr. W.C.Capper, I.C.S. who came in 1877 and worked up to 1881. The next Judicial Commissioner was Mr. W. Young (who afterwards became; Judge of the Allahabad High Court). He worked as Judicial Commissioner off and on from 1884, and 1886-1889 and again in 1890-1891. Mr. T. B. Tracy, I. C. S., officiated in 1884-85 during the absence of Mr. Young. Another distinguished Judge Dr. W. Dutboit, I. C. S., D. C. L. (who was a Judge of the Allahabad High Court for a while in 1881) was Judicial Commissioner from 1882-86. Mr. John Dyson, I. C. S., was at first Additional Judicial Commissioner when Mr. Young was Judicial Commissioner and officiated as Judicial Commissioner in 1889-90. Mr. W. B. (afterwards Sir William Burkitt), I. C. S. was Additional Judicial Commissioner in 1890-91 and Judicial Commissioner in 1891-95. He then went to Allahabad High Court as a Judge and was there up to 1908. Dr. M. S. Howell, LL. D., C. I. E., was Additional Judicial Commissioner in 1891-93, when he became Judicial Commissioner and continued up to 1896. In 1892 Mr. G. T. Spankie a Barrister practising in Lucknow was appointed an Additional Judicial Commissioner. This was the first appointment from the Bar. Mr. Spankie was in the Court up to 1903, after becoming Judicial Commissioner in 1895. Mr. H. F. Evans, I. C. S., was an Additional Judicial Commissioner in 1893. Mr. William Blennerhassett, I. C. S. was an Additional Judicial Commissioner in 1896 and Judicial Commissioner in 1897-98. Mr. John Deas, I. C. S., was Additional Judicial Commissioner and later Judicial Commissioner between 1894-1900. In 1898 Mr. E. M. D. (afterwards Sir Edward Chamier) a distinguished Barrister practising in Lucknow, was appointed II Additional Judicial Commissioner. He later became Judicial Commissioner in 1904 and was in Lucknow Court up to 1911 when he went to Allahabad High Court as a Judge and later became a Chief Justice of the Patna High Court and after retirement there from became the Solicitor and Legal Adviser to the Secretary of State for India in Council in London. Mr. Ross Scott, I.C. S. was appointed 2nd Additional Judicial Commissioner in 1895 and ultimately became Judicial Commissioner and retired in 1907. Mr. Mcleod, I. C. S., officiated as Judicial Commissioner in 1901-1902. Mr. Wells, I C. S., was Additional Judicial Commissioner in 1904-1905. Mr. Ryves, Barrister, practising at Allahabad was In Additional Judicial Commissioner in 1905. He afterwards became a Judge of the Calcutta, Lahore and Allahabad High Courts. Mr. H. D. (afterwards Sir Henry) Griffins, I C. S., was, an Additional Judicial Commissioner in 1907-1908 and later became a Judge of the Allahabad High Court, where he was up to 1914. Mr., Sanders, I. C. S., was Additional Judicial Commissioner in 1907. Mr. L. C. Evans, I. C. S., was Additional Judicial Commissioner and later Judicial Commissioner from 1906-1911. Mr. B. Greeven, I. C. S., was Additional Judicial Commissioner in 1907-1908.
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